LAWS(BOM)-2009-1-97

ROHIT SIDRAMAPPA ABDULPURKAR Vs. LAXMI VISHNU TEXTILES MILLS

Decided On January 06, 2009
ROHIT SIDRAMAPPA ABDULPURKAR Appellant
V/S
LAXMI VISHNU TEXTILES MILLS Respondents

JUDGEMENT

(1.) The petitioner has challenged the order dated 29.10.2003 on Exhibit "22" in Regular Civil Suit No. 156/1999, whereby Joint Civil Judge, Junior Division, Solapur has stayed the suit on application filed by the defendant by invoking the provisions of section 22 of the Sick Industrial Companies (Special Provisions) Amendment Act, 1985, by holding that the suit for recovery of money is not tenable as the suit was for recovery of rent/money against the Sick Company without obtaining prior permission.

(2.) The facts are as under:

(3.) In 1957, the respondent company took it on lease for the purposes of storing finished goods and raw material. Since 1992, respondent-company is closed.